Legal Issues in Contract and Property Law: Case Studies of Desert Island Discs and Dodo and Pina

Assignment S1

Table of Contents
Part A...............................................................................................................................................3
Part B...............................................................................................................................................6
References........................................................................................................................................8

Part A
Introduction
Annie purchased five differently titled discs from Desert Island Discs as she saw an
advertisement of special offers on Beyonce songs and albums. The advertisements stated that the
discs which sold for $12.99 each were now being sold at $2.99 or five for $12.99. When she
arrived home, she found that she had been charged $12.99 for each disc. In addition, the discs
were not the same she wanted as it included the cover versions of her songs sung by unknown
singers and three of them had same songs. When she rang to complain about the same, she was
told that the sign should have read $12.99 but the advertisement agency did a mistake of which,
they told the same day. The shop had then corrected it but could not help her as she should have
checked them before buying them. In addition, they stated that the provision of refund was not
there and discs could not be returned.
Issue: Could Annie take legal actions to recover the money she has paid for the discs.
Rule: The offer and acceptance involves consensus between the two parties and it is an essential
requirement of contract (Australian Contract Law, 2013). In Pharmaceutical Society of Great
Britain v Boots, the emphasis was put on the commercial impact that the conduct should be
classified as an offer. In addition, it would be commercially inconvenient to consider a statement
or conduct as offer, then the probability increases that the court would consider it as an invitation
to deal (Consult Australia NSW, 2012).
Section 18 of Australian Consumer Law states that an individual must not engage in conduct
which is misleading or deceptive or likely to mislead or deceive, in trade or commerce
(Australian Contract Law, 2013).